Miami Criminal Defense Blog

'Silk Road' founder seeks clemency for drug conviction

On behalf of Frank A. Rubino, Esq. posted in drug charges on Thursday, August 16, 2018.

Ross Ulbricht is serving life in prison for being a drug kingpin. His case is somewhat unusual because he wasn't convicted for his own dealings, but for creating the infamous "Silk Road," the black-market website that others used for drug deals.

The Silk Road was a massive network on the so-called "dark web," the part of the internet that isn't accessible by a simple search on Google. For years it's been a haven for all sorts of illegal activity. Relatively easy to access with just a little research, many drug dealers and users relished the anonymity it provided as they carried out their business.

Don't take conspiracy charges lightly

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Thursday, August 9, 2018.

Is being in the presence of someone who is contemplating the commission of a crime illegal in itself? It depends on whether or not prosecutors believe that you engaged in a conspiracy with that other person.

Most people don't understand how conspiracy charges work. That is why they're shocked to find out that they're being accused of participating in a criminal conspiracy.

Why do so many people plead guilty to white collar crimes?

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Friday, August 3, 2018.

While big trials make headlines, there are plenty of white collar criminal cases that get adjudicated through a plea deal. In fact, it's probably hard to look at the news, these days, without reading something about another white collar defendant who just pled guilty.

Why do so many white collar defendants accept plea deals? Is there just that much evidence against them? Are the prosecutors just that good?

Immunity from drug charges when you report an overdose

On behalf of Frank A. Rubino, Esq. posted in drug charges on Friday, July 27, 2018.

Under the laws in Florida, there are certain events that require the police to overlook drug possession -- even when the drug evidence is clearly available.

How is this possible?

Don't lie to federal agents (and don't tell the truth, either)

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Friday, July 20, 2018.

What do you do if a federal agent knocks on your door and wants to ask you some questions about your former employer, your boss, your brother-in-law or your best friend?

It's important to handle questions from a federal agent very carefully. This is no time to panic, as that can lead to all sorts of problematic situations. Here's what you need to remember:

What triggers a Medicare or Medicaid fraud investigation?

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Friday, July 13, 2018.

The Office of the Inspector General is serious about prosecuting instances of Medicare and Medicaid fraud. Not only is a national concern that affects millions of Americans, it's also a political "hot button" issue. Nobody wants to look soft on the issue -- so prosecutors can be very aggressive.

If you're a physician or medical billing specialist, it's important to understand that even unintentional mistakes can trigger a Medicare or Medicaid fraud investigation. What are the most common billing issues that will start that particular ball rolling?

Man found with almost 350 pounds of cannabis in his house

On behalf of Frank A. Rubino, Esq. on Wednesday, July 11, 2018.

Marijuana laws are changing quickly all around The United States. The majority of states, including Florida, have legalized cannabis for medical use, and a few have taken the step to legalization for recreational use. While many people in our state use cannabis for medical purposes, it is highly regulated. Marijuana may only be cultivated and sold by licensed outlets.

Acting outside of the law and cultivating marijuana comes with extremely heavy punishments, including time in prison, heavy fines and a badly damaged reputation. That is what a Brooksville man is now facing in the wake of being caught with nearly 350 pounds of marijuana in his home.

Post office defrauded of $16 million in stamps

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Thursday, July 5, 2018.

A five-year scam robbed the United States Postal Service (USPS) of around $16 million in free deliveries. It happened through forgery combined with a little modern technology.

Three men, including one from Florida, operated a company that provided two large clients with bulk mailing services. They used a combination of shell companies and bank accounts to collect payments that were allegedly for postage -- but none of the money actually went to the post office itself.

Are you eligible for drug court in Florida?

On behalf of Frank A. Rubino, Esq. posted in drug charges on Thursday, June 28, 2018.

Many drug crimes have their roots in addiction -- which is something that Florida's courts have finally begun to recognize through a program known as "drug court." When completed successfully, drug court can help defendants avoid jail time and possibly even a felony record.

However, before you decide that drug court is your best bet, there are a few things you should know.

Beware the Computer Fraud and Abuse Act if you work in technology

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Wednesday, June 20, 2018.

Working in the tech industry these days is incredibly exciting -- but it's also fraught with dangers due to outmoded legislation and overeager prosecutors who can, quite literally, create a crime out of virtually nothing.

The Computer Fraud and Abuse Act, or CFAA, is a cybersecurity bill that the federal government designed way back in the early days of internet technology, when "hackers" was a term everyone was using and it created a lot of fear in the hearts and minds of everyday Americans. Unfortunately, that was way back in 1986 -- and both technology and the internet have evolved in incredible ways.